College of Immigration and Citizenship Consultants Act (S.C. 2019, c. 29, s. 292)

Marginal note:Remuneration and expenses

24 The College must pay to the directors the remuneration and expenses that are determined in accordance with the by-laws.

Marginal note:Chairperson

• 25 (1) The Chairperson is to be elected by the Board from among the directors in accordance with the by-laws.

• Marginal note:Duties

  (2) The Chairperson must preside over the Board’s meetings and perform any other duties that are assigned to the Chairperson by the by-laws.

• Marginal note:Removal

  (3) The Board may remove the Chairperson in accordance with the by-laws.

Marginal note:Meetings

• 26 (1) The Board must hold a meeting at least once every calendar year.

• Marginal note:Quorum

  (2) A majority of the number of directors fixed by the Minister under subsection 17(2) constitutes a quorum at any meeting of the Board.

• Marginal note:Notice of meeting

  (3) The Chairperson of the Board must give notice of the time and place of meetings of the Board to the directors and any observer designated under section 76.

• Marginal note:Public meetings

  (4) Subject to the by-laws, meetings of the Board are to be open to the public.

• Marginal note:Observer — in camera meetings

  (5) An observer designated under section 76 is entitled to attend meetings of the Board that are held in camera.

• Marginal note:Telecommunications

  (6) Subject to the by-laws, a director may participate in, and any observer designated under section 76 may observe, a meeting of the Board by telephone or by an electronic or other communication facility that permits them to communicate adequately with each other during the meeting. A director so participating in a meeting is deemed for the purposes of this Act to be present at that meeting.

Marginal note:Validity of signed resolutions

• 27 (1) A resolution in writing, signed by all the directors entitled to vote on that resolution at a meeting of the Board, is as valid as if it had been passed at a meeting of the Board.

• Marginal note:Filing resolution

  (2) Subject to the by-laws made under paragraph 80(1)(z), a copy of every resolution referred to in subsection (1) is to be kept with the minutes of the public meetings of directors.

Marginal note:Chief Executive Officer

28 The Board may appoint a Chief Executive Officer, who is to exercise the powers and perform the duties and functions that are delegated to him or her by the Board.

Committees

Marginal note:Complaints Committee and Discipline Committee

• 29 (1) Two committees of the College are established, to be known as the Complaints Committee and the Discipline Committee.

• Marginal note:Appointment

  (2) The members of each committee are to be appointed by the Board in accordance with the regulations.

• Marginal note:Term

  (3) The members of the Discipline Committee are to hold office for a term of not more than five years. The members may be reappointed for subsequent terms of not more than five years each.

• Marginal note:Acting after expiry of term

  (4) A member of the Discipline Committee whose term expires may, in accordance with the rules referred to in section 59, conclude any proceeding that the member has begun.

• Marginal note:Removal

  (5) The members of the Discipline Committee hold office during good behaviour and may be removed for cause by the Board.

• Marginal note:Limitation

  (6) An individual is not permitted to be a member of the Complaints Committee and the Discipline Committee at the same time.

• Marginal note:Other committees

  (7) The Board may establish other committees of the College.

Registrar

Marginal note:Appointment

• 30 (1) The Board is to appoint a Registrar of the College for a term of not more than five years. The Registrar may be reappointed for subsequent terms of not more than five years each.

• Marginal note:Removal

  (2) The Registrar holds office during good behaviour and may be removed for cause by the Board.

• Marginal note:Role

  (3) The Registrar is responsible for issuing licences, establishing and maintaining a register of licensees and verifying compliance or preventing non-compliance with this Act by licensees.

Marginal note:Register available to public

• 31 (1) The register of licensees must be made available to the public on the College’s website in a searchable format and, subject to the regulations, in any other manner that the Registrar considers appropriate.

• Marginal note:Updated information

  (2) The Registrar must ensure that the information included in the register is updated in a timely manner.

Marginal note:Notice to Minister

32 The Registrar must, within the prescribed period and in the prescribed form and manner, provide notice to the Minister in the following circumstances:

• (a) a licence is suspended;

• (b) a licence is revoked;

• (c) a licence is surrendered; and

• (d) any other prescribed circumstance.

Marginal note:Licence

• 33 (1) On application, the Registrar must issue to an individual who, in the Registrar’s opinion, meets the eligibility requirements set out in the by-laws for the class of licence for which the individual applied, a licence of that class.

• Marginal note:Conditions

  (2) A licence issued under this section is subject to any conditions or restrictions imposed under this Act.

• Marginal note:Application

  (3) An application for a licence must be made in the form and manner specified by the Registrar and must contain the information specified by the Registrar.

Marginal note:Surrender of licence

34 The Registrar may, in accordance with the by-laws, approve the surrender of a licence on application by a licensee made in accordance with the by-laws.

Marginal note:Powers of Registrar — verification

• 35 (1) Subject to the regulations, the Registrar may, for a purpose related to verifying compliance or preventing non-compliance with this Act by licensees,

  • (a) subject to subsection (2), enter a licensee’s business premises, without notice, at any reasonable time and require the production of any document or other thing that is relevant, and examine or copy the document or thing; and

  • (b) require the licensee, or a business partner or employee of the licensee or any person employed by the same employer as the licensee, to provide any information that is relevant.

• Marginal note:Dwelling-house

  (2) If the licensee’s business premises are in a dwelling-house, the Registrar may enter them only with the occupant’s consent.

Marginal note:Privileged information

36 Subject to the regulations, the powers set out in section 35 must not be exercised in respect of privileged information.

Marginal note:Referral to Complaints Committee

37 If the Registrar is of the opinion that there may be reasonable grounds to suspect that a licensee has committed professional misconduct or was incompetent, the Registrar may, subject to the regulations, initiate a complaint and refer it to the Complaints Committee for consideration.

Marginal note:Decision of Registrar

38 If the Registrar determines that a licensee has contravened a provision of this Act, of the regulations or of the by-laws, the Registrar may, in his or her decision, in the prescribed circumstances,

• (a) suspend the licensee’s licence;

• (b) revoke the licensee’s suspended licence; or

• (c) take or require any other action set out in the regulations.

Marginal note:Compliance with decision

39 A licensee who is the subject of a decision made under section 38 must comply with it.

Marginal note:Filing decision in Federal Court

• 39.1 (1) The College may file in the Federal Court a certified copy of a decision made under section 38.

• Marginal note:Effect of filing

  (2) On the certified copy being filed, the decision becomes and may be enforced as an order of the Federal Court.

Marginal note:Notice to licensees — revocation or suspension

• 40 (1) The Registrar must notify all licensees of every decision made under subsection 69(3) to revoke or suspend a licence.

• Marginal note:Notice to licensees — dismissal of complaint

  (2) The Registrar must, if requested by the licensee who was the subject of a complaint that was dismissed by the Discipline Committee, notify all licensees of the dismissal.

Marginal note:Delegation

41 Subject to the regulations, the Registrar may delegate any of the powers, duties and functions conferred on the Registrar under this Act.

Licensees

Marginal note:Professional liability insurance

• 42 (1) Subject to subsection (2), a licensee must be insured against professional liability.

• Marginal note:Exemption

  (2) A licensee may be exempted by the by-laws from the application of subsection (1).

Professional Conduct

Marginal note:Code of professional conduct

• 43 (1) The Minister must, by regulation, establish a code of professional conduct for licensees.

• Marginal note:Amendment or repeal

  (2) Only the Board may, by regulation and with the Minister’s prior written approval, amend or repeal the regulations establishing the code.

Marginal note:Standards of professional conduct and competence

44 A licensee must meet the standards of professional conduct and competence that are established by the code of professional conduct. A licensee who fails to meet those standards commits professional misconduct or is incompetent.

Complaints

Marginal note:Complaint to the College

45 Any person may, in accordance with the by-laws, make a complaint to the College in respect of a licensee or former licensee.

Marginal note:Referral to Complaints Committee

46 The College may refer a complaint to the Complaints Committee if, in the College’s opinion, the complaint relates to professional misconduct by, or the incompetence of, a licensee.

Marginal note:Referral to another body

47 The College may, in the prescribed circumstances, refer a complaint to another body that has a statutory duty to regulate a profession.

Marginal note:Consideration and investigation of complaints

• 48 (1) The Complaints Committee must consider all complaints referred to it by the College or the Registrar and may, if the Committee has reasonable grounds to suspect that a licensee committed professional misconduct or was incompetent, conduct an investigation into the licensee’s conduct and activities.

• Marginal note:Consideration and investigation on Committee’s initiative

  (2) If the Complaints Committee has reasonable grounds to suspect that a licensee committed professional misconduct or was incompetent, it must initiate a complaint and consider it, and may conduct an investigation into the licensee’s conduct and activities.